Expert: Jim Boyd - 10/7/2008

Question
hey jim, listen how could porn be illegal to film in new york when there are adult companies that are based in new york , and film in new york, ? how is this possible

Answer
It’s NOT possible because sex in exchange for money is ILLEGAL in the State of New York regardless of reason or circumstance. New York State Law makes no provisions that differentiate between paying someone to have sex for the purpose of Adult Film Production and paying someone to have sex as it relates too common prostitution.

California is the ONLY place in the United States where productions of this type are actually legal. Adult film production is legal in California due to a precedent created by a 1988 decision of the California Supreme Court (California vs. Freeman). As a result of that decision, California became the FIRST AND ONLY state where a person can be legally hired to have sex for the purpose of making adult films. However, producers are still required to obtain permits before starting any such production. NO OTHER STATE HAS SUCH A PRECEDENT therefore production in any other State is, and will remain, ILLEGAL!

It’s true that there are several legitimate Adult Production companies based in New York, but these companies do ALL of the actual filming in California where such production is legal.

Companies actually filming in the State of New York, are doing so contrary to NY State Law subject to prosecution on a variety of prostitution/pandering charges if caught.